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Leave Rights General Information
The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
- 1. (Paid Leave) Does my employer have to provide me with paid time off from work?
- 2. (Paid Leave) As an employer, I have a PTO policy that was in effect before January 1, 2024 and provides all employees with 80 hours of PTO per year that they can use for any reason. Do I have to provide additional paid leave under PLAWA?
- 3. (Paid Leave) I need to take parental leave following the birth of my child. What type of leave am I entitled to?
- 4. (Paid Leave) My employer is requiring me to use my paid leave while I am on FMLA leave. Is this allowed?
- 5. (Sick/Medical Leave) Does my employer have to provide me with paid sick leave?
- 6. (Sick/Medical Leave) Can my employer provide us with unpaid sick leave?
- 7. (Sick/Medical Leave) My employer provides sick leave, but the policy states that I can only use this leave for my own illness and medical appointments. Is this allowed?
- 8. (Sick/Medical Leave) I need to take extended leave from work due to a medical condition. Does my employer have to grant this leave?
- 9. (Bereavement Leave) Does my employer have to provide paid bereavement leave?
- 10. (Bereavement Leave) Can my employer restrict which family members are covered by a paid bereavement leave policy?
- 11. (Bereavement Leave) My employer only has 10 employees. Am I entitled to bereavement leave?
- 12. (Bereavement Leave) I have lost a child because of a homicide. What leave am I entitled to?
- 13. (VESSA) I am a survivor of domestic violence. Am I eligible for any leave?
Yes. Under the Paid Leave for All Workers Act, nearly all Illinois employees are entitled to accrue/earn 1 hour of paid leave for every 40 hours worked, up to 40 hours of paid leave in a 12-month period, that employees can use for any reason they choose.
No. If an employer had a paid leave policy in effect before January 1, 2024 and the paid leave policy provided employees with at least 40 hours of paid leave that can be used for any reason (like vacation, PTO, or personal time), then the employer does not have to provide additional paid leave or modify their policy.
In Illinois, there is no law that requires employers to provide employees with paid parental leave. However, eligible employees may be able to take 12 weeks of unpaid but job-protected leave under the federal Family and Medical Leave Act. Additionally, Illinois employees may be able to use their employer-provided paid leave benefits, such as their 40 hours required under PLAWA, to cover a portion of their parental leave.
Yes. Under federal regulations, FMLA permits an employee to choose to substitute accrued paid leave for FMLA leave, or an employer may require an employee to substitute accrued paid leave for FMLA leave. For more information, see 29 CFR 825.207.
No. There is no state law that requires employers to provide employees with paid sick leave benefits. Please note that local governments, such as Chicago, may have enacted paid sick leave ordinances that require employers to provide paid sick leave benefits to eligible employees. For questions relating to the Chicago Paid Leave and Paid Sick & Safe Leave ordinance, please contact the City of Chicago’s Office of Labor Standards.
Yes. There is no Illinois law that requires employers to provide paid sick leave benefits. An employer can have an unpaid sick leave policy so long as employees are also being provided at least 40 hours of paid leave that can be used for any reason under the Paid Leave for All Workers Act.
No. Under the Employee Sick Leave Act, an employer must allow employees to use a portion of their paid or unpaid sick leave benefits to care for a covered family member.
It depends on the circumstances and length of leave. Illinois state law requires employers to provide employees with up to 40 hours of paid leave that they can use for any reason. Under the federal Family and Medical Leave Act, eligible employees can use up to 12 weeks of unpaid but job-protected leave to take care of a serious health condition.
No. The Family Bereavement Leave Act and the Child Extended Bereavement Leave Act entitle eligible employees to unpaid but job-protected bereavement leave following the death of a covered family member or qualifying reproductive event. These laws do not require employers to provide paid bereavement leave or regulate employer-provided paid bereavement leave policies.
Yes. Because the Family Bereavement Leave Act and the Child Extended Bereavement Leave Act entitle eligible employees to unpaid but job-protected leave, an employer can implement their own paid bereavement leave policy which can restrict which family members are covered.
No. The Family Bereavement Leave Act requires employees to work for employers who have at least 50 employees working within a 75-mile radius. The Child Extended Bereavement Leave Act requires employees to work for employers who have at least 50 full-time employees working in Illinois.
Depending upon a few factors, an employee may be entitled to different kinds of leave in this situation:
· If an employee is eligible for FMLA leave, then they would be eligible for 2 weeks (10 workdays) of unpaid bereavement leave under the Family Bereavement Leave Act.
· If an employee is a full-time employee and their employer has at least 50 full-time employees in Illinois, they may be eligible for up to 12 weeks of unpaid bereavement leave under the Child Extended Bereavement Leave
· An employee may also be eligible for unpaid but job-protected leave under the Victims’ Economic Security and Safety Act (VESSA) as well.
If an employee has any questions regarding their eligibility for these different kinds of leave, please contact the Leave Rights Division at 312-793-2600 or DOL.LeaveRights@illinois.gov.
Yes. The Paid Leave for All Workers Act entitles employees to up to 40 hours of paid leave per year that they can use for any reason of their choosing. Please be sure to review your employer’s paid leave policy to learn how to request to use your paid leave. Additionally, the Victims’ Economic Security and Safety Act (VESSA) entitles employees who are victims of domestic violence, gender violence, sexual violence or any other crime of violence, or their family or household member is a victim of a crime of violence, to up to 12 weeks of unpaid but job-protected leave (depending on the size of the employer) to use for specific reasons related to the act of violence.